Bollman v. Firstbank Holding Company
PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 10/23/15. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 15-cv-01843-RM-NYW
ROGER ZACHARY BOLLMAN, on behalf of himself and all others similarly situated,
FIRSTBANK HOLDING COMPANY, a Colorado Corporation,
Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS
This Protective Order shall apply to all documents, materials and information,
including without limitation, documents produced, answers to interrogatories, responses to
requests for admission, deposition testimony, deposition exhibits and other information disclosed
pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
As used in this Protective Order, “document” is defined as provided in Fed. R.
Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning of this
A party may designate as “CONFIDENTIAL” any document or portion of a
document that is confidential and implicates common law and statutory privacy interests of the
parties, either of them, their employees or representatives, or their other policyholders or other
customers. 45 C.F.R. § 164.508 (prohibiting disclosure of medical information of patients);
C.R.S. § 25-1-1202 (providing an index to all Colorado laws regarding medical record
confidentiality); 15 U.S.C. § 6801 et seq. (providing that financial institutions have an
affirmative and continuing obligation to respect the privacy of their customers and to protect the
security and confidentiality of those customers’ nonpublic personal information); Corbetta v.
Albertson’s, Inc., 975 P.2d 718, 720-21 (Colo. 1999) (recognizing the confidentiality of
employee information); Fed. R. Civ. P. 26(c)(1)(G) (recognizing that trade secrets and
commercial information may be subject to a protective order).
Confidential information shall not be disclosed or used for any purpose except the
preparation and trial of this case. No person receiving such CONFIDENTIAL information shall,
without the consent of the party producing it or further Order of the Court, directly or indirectly,
transfer, disclose, or communicate in any way the contents of the CONFIDENTIAL information
to any person other than those specified in Paragraph 5. Each party shall use appropriate
safeguards to protect CONFIDENTIAL information of other parties or third-parties from being
disclosed in a manner that would be inconsistent with this Protective Order.
Access to any CONFIDENTIAL information shall be limited to:
attorneys actively working on this case;
The parties to this action;
persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by those attorneys in the
preparation for trial, at trial, or at other proceedings in this case;
the agents or employees of the parties, who are needed for preparation,
trial or other proceedings in this case;
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial
or other proceedings in this case;
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed above
(other than counsel, persons employed by counsel, Court Personnel and stenographic reporters),
counsel shall provide such person with a copy of this Protective Order and obtain from such
person a written acknowledgment stating that he or she has read this Protective Order and agrees
to be bound by its provisions. All such acknowledgments shall be retained by counsel and shall
be subject to in camera review by the Court if good cause for review is demonstrated by
Documents are designated as CONFIDENTIAL by placing or affixing on them
(in a manner that will not interfere with their legibility) the following or other appropriate notice:
Whenever a deposition involves the disclosure of CONFIDENTIAL information,
the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to
the provisions of this Protective Order. Such designation shall be made on the record during the
deposition whenever possible, but a party may designate portions of depositions as
CONFIDENTIAL after transcription, provided written notice of the designation is promptly
given to all counsel of record within thirty (30) days after notice by the court reporter of the
completion of the transcript. No party shall publicly file or otherwise publicly disclose
transcripts, or portions thereof, within thirty (30) days after notice by the court reporter of the
completion of the transcript without conferring with all interested parties whose
CONFIDENTIAL information may be contained in the transcript.
Any party who inadvertently fails to identify documents as CONFIDENTIAL at
the time of their production shall provide written notice of the error and substitute copies of the
inadvertently produced documents bearing appropriate confidentiality designations. Any party
receiving such substituted documents shall return to the producing party or destroy all
inadvertently produced confidential documents in its possession that lack the appropriate
confidentiality designation and shall make reasonable efforts to retrieve documents distributed to
persons not entitled to receive the documents.
If a party inadvertently discloses CONFIDENTIAL information of another party
to this action to anyone other than the persons set forth in Paragraph 5, counsel for the party that
made the inadvertent disclosure shall notify the opposing party’s counsel of record, or the third
party, of the inadvertent disclosure and make reasonable efforts to retrieve the CONFIDENTIAL
information and any documents containing such CONFIDENTIAL information and to obtain the
agreement of persons to whom the inadvertent disclosure was made to treat the
CONFIDENTIAL information in accordance with the terms of this Protective Order.
Local Rule 7.2 shall govern the filing of papers with restricted access.
The parties shall follow the procedures identified in Federal Rule of Civil
Procedure 5.2(a) and (h).
In the event either party intends to file documents marked CONFIDENTIAL, the
party shall file the document as Restricted Level 1 pursuant to Local Rule 7.2. The filing party
shall file a Motion to Restrict Access with 14 days of filing the CONFIDENTIAL document.
In the event of a hearing or trial in this matter at which any party intends to
present CONFIDENTIAL information to the Court or a jury, counsel for the parties will confer
to determine what safeguards, if any, may be necessary to protect against the disclosure of the
CONFIDENTIAL information, and shall attempt to determine the least intrusive
burdensome means of protecting such materials during the proceeding. Counsel for the parties
shall take appropriate steps to have the Court incorporate in the pretrial order such procedures to
the extent, if any, the Court deems such procedures to be appropriate.
A party designating information as CONFIDENTIAL may change the designation
to non-confidential by providing notice to the receiving parties and providing substituted
documents without a Confidential designation.
A party may object to the designation of particular CONFIDENTIAL information
by giving written notice to the party designating the disputed information. The written notice
shall identify the information to which the objection is made. If the parties cannot resolve the
objection within ten (10) business days after the time the notice is received, it shall be the
obligation of the party designating the information as CONFIDENTIAL to file an appropriate
motion requesting that the Court determine whether the disputed information should be subject
to the terms of this Protective Order no later than fifteen (15) business days after the time the
notice is received. If such a motion is timely filed, the disputed information shall be treated as
CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion. If
the designating party fails to file such a motion within the prescribed time, the disputed
information shall lose its designation as CONFIDENTIAL and shall not thereafter be treated as
CONFIDENTIAL in accordance with this Protective Order. In connection with a motion filed
under this provision, the party designating the information as CONFIDENTIAL shall bear the
burden of establishing that good cause exists for the disputed information to be treated as
At the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies thereof which have been designated as CONFIDENTIAL shall be
returned to the party or nonparty that designated it CONFIDENTIAL, or the parties may elect to
destroy CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL
documents, the destroying party shall provide all parties with an affidavit confirming the
destruction. Nothing herein is intended to prevent counsel from maintaining a copy of any
CONFIDENTIAL documents produced to him or her as part of the permanent file, provided that
counsel continue to treat such documents as indicated herein.
This Protective Order may be modified by the Court at any time for good cause
shown following notice to all parties and an opportunity for them to be heard.
The Stipulating Parties, by their undersigned counsel, stipulate and consent to
making an entry of this Protective Order.
DATED at Denver, Colorado, this 23d day of October, 2015.
BY THE COURT:
s/ Nina Y. Wang
United States Magistrate Judge
ROWDY MEEKS LEGAL GROUP LLC
10601 Mission Road, Suite 100
Leawood, Kansas 66206
Telephone: (913) 766-5585
Facsimile: (816) 875-5069
LEWIS | KUHN | SWAN PC
(Signed Original on File at Lewis Kuhn Swan PC)
s/ Michael D. Kuhn
Paul F. Lewis
Michael D. Kuhn
Andrew E. Swan
620 North Tejon Street, Suite 101
Colorado Springs, CO 80903
Telephone: (719) 694-3000
Facsimile: (866) 515-8628
Attorneys for Plaintiff
Rowdy B. Meeks
LEWIS ROCA ROTHGERBER LLP
(Signed Original on File at Lewis Roca Rothgerber
s/Caitlin C. McHugh
1200 17th Street, Suite 3000
Denver, CO 80202
Telephone: (303) 623-9000
Facsimile: (303) 6239222 Email:
Attorneys for Defendant
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